Last update: 7 June 2021
These Pivotal Accessibility Terms and Conditions (the “Terms”) constitute a legally binding agreement between Pivotal Accessibility having an address at B-1/401, Janakpuri, New Delhi, 110058 India (“we,” “us,” and “our”) and an individual user or an entity (“you” and “your”) accessing Pivotal Accessibility https://www.pivotalaccessibility.com, the related domain names, software applications, and services (collectively, “Pivotal Accessibility”).
- License to use Pivotal Accessibility: We grant you a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use Pivotal Accessibility pursuant to these Terms.
- Disclaimer: Although we regularly monitor the information available on Pivotal Access bility, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information featured on Pivotal Accessibility.
- Third-party links: Pivotal Accessibility may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
- Support: Any general requests for customer support should be addressed to us by email at email@example.com.
- Minors: Pivotal Accessibility should not be accessed and used by persons who are minors in their country of residence.
- Privacy and other relevant terms: The documents that include important provisions regarding your use of Pivotal Accessibility and that should be read and interpreted together with these Terms are:
- Other individual terms and conditions are made available by us on Pivotal Accessibility.
When using Pivotal Accessibility, you are required to follow our acceptable use policy outlined in this Section 2. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use Pivotal Accessibility in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
- Provision of false, inaccurate, or misleading information;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Pivotal Accessibility;
- Interfering with or abusing other users of Pivotal Accessibility;
- Using bots, scripts, and other automated methods;
- Scraping the data available on Pivotal Accessibility; and
- Collecting and disclosing any information about other users of Pivotal Accessibility.
Availability AND FORCE MAJEURE
We put reasonable efforts to ensure that Pivotal Accessibility is always accessible to you. However, the availability of Pivotal Accessibility may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Pivotal Accessibility caused by such factors.
DISCLAIMER OF WARRANTIES
- We provide Pivotal Accessibility on “as available,” “as is,” and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Pivotal Accessibility, any content featured on Pivotal Accessibility, whether provider by us or by third parties, and hereby disclaim all warranties regarding Pivotal Accessibility and its operation.
- It is your sole responsibility to verify and assess the fit for the purpose of Pivotal Accessibility prior to using it and to decide whether or not Pivotal Accessibility fits for the intended use.
- By using Pivotal Accessibility, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers. 4.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
LIMITATION OF LIABILITY
- Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Pivotal Accessibility, any content made available through Pivotal Accessibility, whether provided by us or by third parties, any transactions concluded through Pivotal Accessibility, or use of Pivotal Accessibility for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
- This Section 5 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Pivotal Accessibility, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
GOVERNING LAW AND DISPUTES
- Governing law. These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflicts of law provisions.
- Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in New Delhi, India. This Section 8 does not affect any statutory rights that you are entitled to as a consumer.
- Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
- Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Pivotal Accessibility. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Pivotal Accessibility, or our activities. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of Pivotal Accessibility after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Pivotal Accessibility at any time, at our sole discretion.
- Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we reserve the right to:
- Send you a formal warning;
- Temporarily or permanently prohibit your use of Pivotal Accessibility;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
- Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by ceasing to use Pivotal Accessibility.
- Change of ownership. In the event the owner of The Earth Foundation changes due to a transfer of activities, winding-down, or similar, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the new owner assumes and is bound by the provisions of these Terms.
- Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Pivotal Accessibility.
If you have any questions about these Terms, please contact us by using the following contact details:
Postal address: Pivotal Accessibility, B-1/401, Janakpuri, New Delhi, 110058, India.